Terms of Service

Welcome to www.thescholarch.com. By using Scholarch, you agree to comply with and be legally bound by these terms and conditions and any related rules, policies or disclaimers with respect to Scholarch (collectively, the “Terms”).

Please read the terms carefully. If you do not accept the Terms, do not use Scholarch. Your use of Scholarch will signify your acceptance of the Terms from that point onwards.

Scholarch may change, revise, amend or modify the Terms at any time, which shall be automatically effective upon their posting to this page. Your continued use of Scholarch will signify your acceptance of any additional Terms. If you do not accept the additional Terms, your sole and exclusive remedy is to discontinue your use of Scholarch.

1. Definitions. For purposes of the Terms: (i) “User,” “you” and “your” means an individual or entity that utilizes Scholarch.; (ii) “we,” “us” and “our” means Scholarch; (iii) “Post” means any Content posted, uploaded and otherwise provided to Scholarch by a User.

2. Terms and Conditions. By using Scholarch, you acknowledge the following:

2.1 Third-Party Content. Scholarch is only an Internet-based venue for informational and educational purposes. The Users, not Scholarch, provide Scholarch with content in the form of text, files, images, photos, works of authorship, and any other material or information that is uploaded to, posted to or otherwise communicated by Users on Scholarch (collectively, “Content”). Scholarch does not provide any Content, and is not liable for any Content.

2.2 Content Not Private or Confidential; Anonymity. Content is neither private nor confidential and may be read, collected, and used by others. In order to protect your privacy, do not include information regarding your identity or contact information in any content that you post or upload to Scholarch.

2.3 Informed Consent. You represent and warrant that you have read and understood the Terms in their entirety.

3. Legal Statements

3.1 Release. Users are responsible for their acts and submissions of content. Since Scholarch is merely a venue, in the event that you have a dispute with one or more users, you release Scholarch from any and all claims, demands, and damages (actual and consequential) of every kind and nature. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

3.2 Proprietary Rights in Website Content; Limited License.

(a) Scholarch does not claim any ownership rights in posted content. After posting content to Scholarch, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By posting content to Scholarch, you hereby grant Scholarch a limited license to use, publicly display, read, parse, alter or rearrange, reproduce, sell, and distribute such content solely on and through Scholarch website.

(b) The license you grant to Scholarch is non-exclusive, fully paid and royalty-free, sublicensable, and worldwide. This means that you are free to license you content to anyone else in addition to Scholarch. Scholarch is not required to pay you for using the content that you post. Scholarch is able to use its affiliates, publishing partners and subcontractors to provide its service to a global community. Further, the license will terminate at the time you remove your content from Scholarch by following the instructions on the content removal page.

(c) By posting content to Scholarch, you represent that (i) you own the content or otherwise have the right to grant the license set forth in this section, and (ii) the posting your content on Scholarch does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. Further, you represent and warrant that the content posted is (i) your own unique presentation, organization, and interpretation of commonly available facts, (ii) is not a verbatim transcription of material written or presented by any university employee, and (iii) free from copyright. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of content you have posted.

(d) Scholarch hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Scholarch content (excluding software code) for personal use. (e) Scholarch contains content posted anonymously by users. Except for content posted you you, you may not modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Scholarch unless approved in writing by Scholarch. You understand and agree that monetary damages may be inadequate to compensate Scholarch for your breach of the preceding. Accordingly, without prejudice to the other rights and remedies otherwise available to Scholarch, you agree and acknowledge that Course Hero shall be entitled to equitable relief, including injunctive relief and specific performance, for any such breach or prospective breach.

3.3 Copyright Policy; Notice of Infringement (a) You may not post copyrighted material, trademarks, or other proprietary information belonging to others to Scholarch without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Scholarch to respond to clear notices of alleged copyright infringement.

(b) Scholarch will remove access to material claimed to be the subject of infringing activity in DMCA-compliant takedown requests. If Scholarch removes access in response to such a notice, Scholarch will make a good-faith attempt to contact the provider of the allegedly infringing material so that they may make a counter-notification. Scholarch has adopted a repeat-infringer policy whereby Scholarch can terminate access to the website for users who receive more than two counts of infringement.

(c) To file a notice of copyright infringement with the Scholarch, you will need to provide a written communication that sets forth the items specified below. Pursuant to to Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”), please send us an email using the following format (including section numbers).
  • Identify with detail the copyrighted content claimed to have been infringed, as required by 17 U.S.C. Section 512(c)(3)(A)(ii)..
  • Information reasonably sufficient to allow the Scholarch to locate the material as required by 17 U.S.C. Section 512 (c)(3)(A)(iii), preferably by providing the URL of the allegedly infringing content.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, as required by 17 U.S.C. Section 512(c)(3)(A)(v), as well as a statement that the information in your letter is accurate, and under the penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right, as required by 17 U.S.C. Section 512(c)(3)(A)(vi). For example:
    • "I recognize that the use of copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
    • "I swear, under penalty of perjury, that the information in the notification given is accurate and that I am the copyright owner or am authorized to act as an agent on behalf of the owner of an exclusive right to declare that the content is allegedly infringed."
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed as required by 17 U.S.C. § 512(c)(3)(A)(i).
  • Also, if possible, please provide contact information appropriate (preferably email addresses) to contact the provider of the allegedly infringing content.

3.4 Content Posted. (a) Scholarch may delete and/or alter ant content that in the sole judgement of Scholarch violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Scholarch assumes no responsibility in monitoring for inappropriate content or conduct. However, Scholarch assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such Content.

(b) You are solely responsible for the content that you post. Scholarch does not endorse and has no control over the content; it is not necessarily reviewed prior to posting and does not necessarily reflect our opinions or policies. Scholarch makes no warranties, express or implied, as to the content.

3.5 Eligibility. Use of Scholarch is void where prohibited. By using Scholarch, you represent that your use of Scholarch does not violate any applicable law or regulation.

3.6 Term. This agreement shall remain in full effect while you use Scholarch.

3.7 Privacy. Use of Scholarch is also governed by our privacy policy.

3.8 Disclaimers. Scholarch is not responsible for any incorrect or inaccurate content posted to this website. Content submitted by users may contain links to other websites. Scholarch is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Scholarch. Inclusion of any linked website on Scholarch does not imply approval or endorsement of the linked website by Scholarch. Thus, when you access these third-party websites, you do so at your own risk. Scholarch takes no responsibility for third party advertisements, which are posted on or through Scholarch, nor does it take any responsibility for the goods or services provided by its advertisers. Scholarch is not responsible for the conduct, whether online or offline, of any user of Scholarch. Scholarch assumes no responsibility for any deletion, error, interruption, omission, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Course Hero is not responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet, or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Scholarch. Under no circumstances shall Scholarch be responsible for any loss or damage, including personal injury or death, resulting from use of Scholarch, from any content posted on or through Scholarch, or from the conduct of any users of Scholarch, whether online or offline. The Service are provided “as is” and as available and Scholarch expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Scholarch cannot guarantee and does not promise any specific results from use of Scholarch.

3.9 Information Control and Storage. Scholarch does not control the information provided by users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using Scholarch. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using Scholarch, you agree to accept such risks and that Scholarch is not responsible for the acts or omissions of users on Scholarch. Further, you agree that Scholarch is not responsible or liable for the deletion or failure to store content and/or other information.

3.10 Exclusion of Warranties. Scholarch services and related documentation are provided “as is” and without any warranty of any kind, either expressed or implied. No information obtained from Scholarch shall create any warranty, representation, or guarantee not expressly stated in these terms. Scholarch does not represent that its service will be uninterrupted or error-free, that defects will ever be corrected, or that the service, server, or content is free of viruses or other harmful components. In jurisdictions that do not allow the exclusion of implied warranties and representations, the liability of Scholarch shall be limited to the greatest extent permitted by the law.

3.11 Limitation of Liabilities; indemnity . In no event shall Scholarch be liable for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with our service. Further, under no circumstances will Scholarch be liable for any loss or damage caused by the reliance of users on information obtained through our service.

You agree to indemnify and hold Scholarch harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Scholarch in violation of this agreement and/or arising from a breach of this agreement and/or a breath of your representations and warranties set forth above and/or if any content that you post to Scholarch causes Scholarch to be liable to another.

These terms were last modified on September 26, 2011.